C.S. Sindhumol vs Sundaram Finance Limited
2021 Latest Caselaw 11864 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                         OP(C).No.3184 OF 2019

   AGAINST THE ORDER/JUDGMENT IN CMA(Arb) 62/2019 OF ADDITIONAL
          DISTRICT COURT & SESSIONS COURT - V, KOTTAYAM


PETITIONER/S:

      1         C.S. SINDHUMOL,
                AGED 40 YEARS,
                W/O AJIMON P.D., RESIDING AT PUTHANMYALIL JHOUSE,
                KADUTHURUTHY, P.O., VAIKOM,
                KOTTAYAM DISTRICT, PIN - 686 604.

      2         AJIMON P.D.,
                AGED 47 YEARS,
                S/O KARUNAN, RESIDING AT PUTHANMYALIL JHOUSE,
                KADUTHURUTHY, P.O., VAIKOM,
                KOTTAYAM DISTRICT, PIN - 686 604.

                BY ADVS.
                SRI.P.HARIDAS
                SRI.CHERIAN GEE VARGHESE
                SRI.BIJU HARIHARAN
                SRI.R.B.BALACHANDRAN
                SRI.RENJI GEORGE CHERIAN
                SRI.P.C.SHIJIN

RESPONDENT/S:

                SUNDARAM FINANCE LIMITED,
                REPRESENTED BY ITS AUTHORIZED OFFICER, THE MONARCH
                1ST FLOOR, P.T. USHA ROAD, ERNAKULAM, COCHIN - 11.

                R1 BY ADV. SRI.VPK.PANICKER

     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 09.04.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.3184 OF 2019

                                 2



                          JUDGMENT

Dated this the 9th day of April 2021

Learned Counsel for the petitioner as well as the

respondent submits that the matter has been settled

pursuant to mediation conducted at the Ernakulam

Mediation Center at the High Court of Kerala.

Accordingly, this O.P is disposed of in terms of

the settlement agreement. The settlement agreement

shall form part of this order.

Sd/-

BECHU KURIAN THOMAS

JUDGE

uu

09.04.2021 OP(C).No.3184 OF 2019

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 25-07-2014.

EXHIBIT P2 TRUE COPY OF POLICY SCHEDULE CUM CERTIFICATE OF INSURANCE OF THE VEHICLE DATED 24-07-2019.

EXHIBIT P3 TRUE COPY OF THE INTIMATION CONTAINING THE DETAILS OF THE LOAN AGREEMENT ISSUED BY THE RESPONDENTS TO THE 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE STATEMENT OF TRANSACTIONS ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER DATED 29-11-2019.

EXHIBIT P5 TRUE COPY OF THE ARBITRAL AWARD IN ARB CASE NO.TS/SF/440 OF 2018 DATED 14-11-2019 OF THE SOLE ARBITRATOR ALONG WITH THE COVERING LETTER TO THE PETITIONERS.

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS IN CMA (ARB) NO. 62/2019 OF THE ADDL. DISTRICT AND SESSINS COURT - V, KOTTAYAM DATED 26-11- 2019 APPOINTING THE ADVOCATE COMMISSIONER TO TAKE OVER THE POSSESSION OF THE VEHICLE.